Uttarakhand High Court
Kamla Mahtoliya vs State Of Uttarakhand And Others on 22 November, 2017
Author: U.C. Dhyani
Bench: U.C. Dhyani
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Writ Petition (S/S) No. 2645 of 2015
Kamla Mahtoliya ................ Petitioner
\
versus
State of Uttarakhand and others .......... Respondents
Ms. Menkaa Tripathi, Advocate, present for the writ petitioner.
Mr. C.S.Rawat, learned Additional Chief Standing Counsel, Mr. Devesh
Ghildiyal, Standing Counsel and Ms. Puja Baga, Breif Holder, present for the
State of Uttarakhand.
Ms. Beena Pande, Standing Counsel, present for the State of Uttar Pradesh.
U.C. Dhyani, J. (Oral)
By means of present writ petition, the petitioner seeks following reliefs, among others:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the communication order wrongly dated as 25.02.2014 contained in Annexure No. 11 of to the writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent to re-fix the pay and revise the pension of the petitioner and to pay her the arrears of pay, pension and other pensioner/retrial benefits (such as gratuity, commutation, pension, etc.)
(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay interest @ 16 % p.a. on the delayed payment."
2. The petitioner was working as Female Health Worker/ANM (Auxiliary Nurse Midwife) since 09.07.1973 in the State of U.P. and retired on 18.09.2000 before the appointed date on 30th June, 2000. Government of Uttarakhand issued a G.O. on 16.07.2010 whereby the pay scale of Health Workers 2 (Male/Female) under the Multi Purpose Workers scheme was revised w.e.f., 01.07.1979. Further, vide G.O. dated 12.05.2013, directions were given for fixing the salary of such workers as per revised pay scale and for payment of arrears. On 04.10.2011, C.M.O. Nainital wrote to the Additional Director (Accounts and Establishment) that after the retirement of the petitioner on 30.06.2000, her pension papers and service book were sent to the Office of the Additional Director (A & E). It was also written that petitioner's pension /Gratuity commutation has been sanctioned but since her service book and pension sanctioning orders are not available, therefore, the same may be sent to the C.M.O. office.
3. It is the submission of learned counsel for the petitioner that petitioner has not received the arrears of salary till date. Her pension has not been fixed as per revised pay scale. Her retrial benefits have not yet been revised. The petitioner gave several representations to the authorities concerned, but to no avail.
4. Since the petitioner retired from the State of U.P., therefore, entire benefits shall be given to her by respondent no. 6.
5. In para 3 of the counter affidavit filed on behalf of the respondent no. 2 to 5, the following was mentioned:
"That in reply to the contents of para 1 of the writ petition it is submitted that the State Government vide its Government Order No. 513/XXVII-3-2010-200/2007 dated 16.07.2010 and thereafter Government Order No. 461/XXVII-3-2013- 200/2007 dated 02.05.2013 h as given directions/approved for re-fixation of salary of the health workers (M/F) who were/are working under the Multipurpose Workers Scheme in the Medical Health and Family Welfare. The petitioner who was working as ANM has voluntary took retirement on 3 30.06.2000 and therefore, is not entitled for the benefit of the Government Order 54/XXVII-3-2013 dated 23.04.2013. It has been provided that the employees working/retired who were working under the Multipurpose Working Scheme are to be granted arrears of salary from 23.07.1981 to 30.04.1995 and the process is going for making payment."
6. The question is- who will pay the revised pay of the petitioner?
7. This question has been dealt with by a Coordinate Bench of this Court, vide order dated 11.04.2017 in WPSS No. 1013 of 2015 and other connected writ petitions, as follows:
"Accordingly, the writ petition is allowed. The impugned order dated 22.07.2011 and 22.11.2014 are quashed and set aside. Respondents are directed to pay the actual monetary benefits to the petitioners w.e.f., 01.05.1995 till 08.11.2000 by the State of Uttar Pradesh and w.e.f., 09.11.2000 till 30.06.2010 shall be paid by the State of Uttarakhand."
8. Such an order has not been challenged and has, therefore, attained finality.
9. Since the petitioner retired before the appointed date, therefore, her revised salary shall be paid by the State of Uttar Pradesh (respondent no. 6). Petitioner shall also be paid revised pay scale after granting actual monetary benefits w.e.f. 23.07.1981 to 30.06.2000.
10. Writ petition is, accordingly, stands disposed of.
(U.C. Dhyani, J.) 22.11.2017 Kaushal 4